TOSHIBA TO PROSECUTE TONER TRADEMARK INFRINGERS

[Anonymous]

Toshiba to prosecute toner trademark infringers
http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=12919
Toshiba
Singapore Ltd has geared up to taking to task those selling counterfeit
items under their trademark.“In recent years there have been many
counterfeit toners bearing the Toshiba trademark that bring out poor
quality finished paper prints sold to customers”, Toshiba Singapore
Electronic Imaging Department International Operations Senior Manager
Jun Kanamori said at a press conference held recently. When these
products are sold naturally the complaints that are made by the
customers come directly to the Toshiba Group.“We will take legal
actions to the importer who is bringing down these products”,   Toshiba
Singapore Electronic Imaging Department International Operations
Country Manager Christopher Lee added. One would know it is counterfeit
when you take a photocopy you get smudges here and there as well the
words may come out foggy. The possible hazards that you could
experience with a real Toshiba product is that it is subjected to a
stringent test and in counterfeit there is no such thing and in
physical hazards the toner is not flammable.“We are focusing on the
area of trademark and the trademark should be registered under the
Intellectual Copyright”, Toshiba Legal Representative Jeevantha
Jayatilake stated.

Toshiba which is registered in Sri Lanka
receives protection under the Intellectual property Act No.13 of
2003.it preclude all third parties from using the mark in whatever form
unless and they get permission from the registered owner. Through
investigations that take place if a person is suspected of selling
counterfeit toners then they owners can get a search warrant and if he
is found guilty, then there will be a court case and he will be
punished with a fine or sentence to jail for some years. But most of
the time 90% of the people come and admit their fault and some sort of
agreement legally will be passed on with the accused and the registered
company. Any third party who infringes the registered owner’s rights by
forging the mark and using a mark similar to the registered mark and
using the mark in any way which is detrimental to the interests of the
registered owner commits an offence in terms of sections 184 and 186 of
the Intellectual Property Act. Toshiba has filed three actions in the
Colombo Magistrate Court and one in the Maligakanda Magistrate Court
under the Intellectual Property Act. Search warrants were thereafter
obtained from court and the relevant locations were raided. This
resulted in seizing a large quantity of counterfeit Toners and Toner
powder bags which were produced in court. Two of the cases that were
reported and concluded found the accused traders guilty to the charges
and paying Toshiba company monetary compensation.“We are here to
educate Sri Lanka about the Copyright acts”, John Keells Holdings
Executive Vice President and IT Sector Head Sujiva Dewaraja added.
Toshiba controls about 35% of the marketshare in photocopy machinery.
Toshiba is a registered trademark in Sri Lanka and worldwide and it is
a leading name on photocopy machinery and other consumer items.

[Author]

May 5, 2008 at 4:50 PM